Individual rights proponents claim that:
a. only military and law enforcement personnel have a right to possess firearms.
b. citizens should be permitted to possess only a single, individual weapon, not an entire
arsenal.
c. the framers of the Constitution intended to preserve individual rights above state
rights.
d. during national emergencies, individuals should be allowed to choose whether they
want to keep and bear arms to help defend the country.
Strict construction refers to:
a. a justice expressing hostility or anger in an opinion.
b. a rigid reading and interpretation of a law.
c. the manner in which our legal system was designed and developed.
d. a lenient means of interpreting the law.
A critical question regarding the interpretation of the Second Amendment is the
definition of:
a. people.
b. a militia.
c. arms.
d. well-regulated.
The number of U.S. Courts of Appeals in the federal court system is:
a. 4
b. 12
c. 52
d. 94
Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) is an example
of a:
a. secondary source.
b. scholarly literature review.
c. string cite.
d. case brief.
Those who are not party to a legal action but who still have an interest in the case may:
a. subpoena the judge to have their testimony heard.
b. file a writ of certiorari with the court and enter themselves as a “hostile” witness.
c. submit an amicus brief arguing their perspective, although such briefs are considered
only at the pleasure of the court.
d. not do anything–only those who are directly party to the legal action may address the
court.
The Supreme Court has never incorporated this segment of the Sixth Amendment to
apply to the states, although it does fall within the due process clause of the Fourteenth
Amendment.
a. Being informed of the accusation.
b. Right to a jury trial.
c. Right to compulsory process.
d. Confrontation rights.
The Supreme Court reduced law enforcement’s authority to search the passenger
compartment of a vehicle incident to arrest in:
a. Arizona v. Gant
b. Carroll v. United States
c. United States v. Simmons
d. New York v. Belton
In Douglas v. California the Court held that the right to counsel extends to:
a. the first appeal at all levels.
b. the first appeal at the state level only.
c. the first appeal at the federal level only.
d. all appeals.
The landmark case in which the Supreme Court called for a ban on the death penalty in
Georgia, ruling its law was capricious, and hence, cruel and unusual punishment is:
a. Furman v. Georgia
b. Coker v. Department of Corrections
c. Gregg v. Georgia
d. Ford v. Georgia
The Wade-Gilbert Rule requires that a lawyer be present during:
a. post-indictment lineups.
b. the arraignment.
c. the preliminary hearing.
d. pre-indictment lineups.
The Supreme Court upheld prison regulations that are “reasonably related to legitimate
penological interests” using the:
a. clear and present danger test
b. rational basis test
c. strict scrutiny test
d. clear and probable danger test
Martin v. Hunter’s Lessee held that the Supreme Court could:
a. reverse state court decisions that involved federal legal issues.
b. declare acts of Congress unconstitutional.
c. be the final arbiter in disputes between states.
d. have original jurisdiction in cases involving Constitutional issues.
When an appeals court reviews a case, it passes judgment on the actions of:
a. the prosecutor.
b. a lower court.
c. a defendant.
d. the police.
Statutory law can also be referred to as:
a. case law
b. codified law
c. common law
d. canonized law
Under asset forfeiture, the most frequently seized assets are:
a. firearms
b. real estate
c. vehicles
d. electronics
The case establishing that indigent defendants accused of a felony must be provided a
lawyer was:
a. Barker v. Wingo.
b. Powell v. Alabama.
c. Gideon v. Wainwright.
d. Argensinger v. Hamlin.
The necessary and proper clause, establishing the authority of the federal government to
address national issues, was addressed by the Supreme Court in:
a. Marbury v. Madison
b. McCulloch v. Maryland
c. Gibbons v. Ogden
d. Adams v. Hamilton
The law of stop and frisk deals with that time frame during which officers follow up on
their suspicions but before the time that the requisite ______________ is established to
justify an arrest.
a. probable cause
b. reasonable suspicion
c. proof beyond a reasonable doubt
d. preponderance of the evidence
In United States v. Emerson (1999), U.S. District Judge Sam R. Cummings:
a. placed a temporary moratorium on the purchase of small-caliber firearms pending
results of a study by the Center to Prevent Handgun Violence.
b. upheld a lower court’s ruling that a convicted felon should not be allowed to possess
firearms.
c. handed down a landmark decision that permits specially trained and licensed
individuals to carry concealed weapons.
d. went against all federal court precedent and restored a domestic abuser’s firearms,
citing the Second Amendment as guaranteeing the individual’s right to keep and bear
arms.
The ability to effectively identify an issue, narrow that issue, access appropriate online
sites, separate fact from fiction and present the findings professionally is known as:
a. dicta
b. briefing cases
c. shepardizing
d. information literacy
The only unincorporated right guaranteed by the Fifth Amendment is the right to:
a. be a witness against oneself.
b. a grand jury indictment.
c. due process of law.
d. just compensation when government takes private property.
In _______, a federal circuit court ruled in Stevens v. United States that there was no
express Constitutional right of an individual to keep and bear arms.
a. 1801
b. 1871
c. 1921
d. 1971
The Supreme Court has interpreted the Sixth Amendment to mean that an accused has
the constitutional right to counsel at:
a. every critical stage during a criminal proceeding.
b. any critical stage, excluding post-trial appeals.
c. every critical stage after arraignment.
d. any stage in the criminal investigation.
In 2010, nine suspects were arrested in a plot to kill police officers, then attack the
funeral using homemade bombs in hopes of killing more law enforcement personnel.
These people were tied to:
a. a Muslim terrorist group.
b. Al Quada.
c. the Branch Davidians.
d. a Midwest Christian militia.
All warrants are to be based on:
a. a preponderance of the evidence.
b. reasonable suspicion.
c. proof beyond a reasonable doubt.
d. probable cause.
The Supreme Court held that any amount of bail exceeding that necessary to ensure a
return to trial violated the Eighth Amendment in:
a. Stack v. Boyle
b. Gregg v. Georgia
c. Solem v. Helm
d. Ingraham v. Wright
The Supreme Court failed to uphold the right to sexual privacy in:
a. United States v. Darby
b. Bowers v. Hardwick
c. Colgrove v. Batten
d. McCulloch v. Maryland
The definition of cruel and unusual punishment is:
a. established by state referendum.
b. dependent on society.
c. defined in the Eighth Amendment.
d. specifically stated by the Supreme Court.
The Supreme Court ruling in United States v. Virginia, which held that exclusion of
females was unconstitutional, involved denial of admission to a:
a. medical school.
b. golf tournament.
c. NASA astronaut training program.
d. military institute.
Officers must have a particularized and objective basis for suspecting the person
stopped of criminal activity to demonstrate reasonable suspicion for an investigatory
stop under the:
a. totality of the circumstances test
b. articulable probable cause test
c. presumptively reasonable standard
d. objectively reasonable standard.
Who said, “Forbid it, Almighty GodI know not what course others may take, but as for
me, give me liberty, or give me death!”
a. Samuel Adams.
b. Paul Revere.
c. Patrick Henry.
d. George Washington.
Many holdings of the Supreme Court are binding on the states through:
a. Marbury v. Madison
b. the Second Amendment
c. Article II of the U.S. Constitution
d. the Fourteenth Amendment
The case of Marbury v. Madison established:
a. lifetime appointment for justices.
b. that the Supreme Court has the authority to review acts of Congress.
c. that police must notify suspects of their rights prior to questioning.
d. that the Supreme Court must function only as an appellate court.
Which is not one of the reasons the Sixth Amendment requires a speedy trial:
a. uncertainty about the outcome causes undue stress.
b. some defendants remain in jail because they cannot afford or have been denied bail.
c. the government incurs additional expenses.
d. cases generally improve with more time.
The Sixth Amendment right to counsel presumes counsel is __________.
Jim Crow laws emerged across the south following the Supreme Court’s ruling in
Plessy v. Ferguson (1896).
Explain the basic purpose of the American legal system and why American law is said
to be a living law.
One of the primary reserve powers kept by the states is police power.
Discuss the Eighth Amendment rights often claimed by prisoners, citing examples.
Not all cases produce opinions, particularly at the trial court level.
In McDonald, the Supreme Court applied the Second Amendment to the states,
recognizing a person’s right “to keep and bear arms for the purpose of ____________”
The Second Amendment of the U.S. Constitution reads: “A well-regulated
___________ being necessary to the security of a free state, the right of the people to
keep and bear arms shall not be infringed.”
An opinion that agrees with the majority is called a ___________________ opinion.
Discuss the two opposing interpretations of the Second Amendment that have clashed
over the years. In light of current rulings, has either side won?
The act making it illegal to provide material support to any group that has been
designated by the Attorney General as a “foreign terrorist organization” is the
____________.
Airline employees inspecting luggage are not governed by the Fourth Amendment.
Describe two exceptions to the exclusionary rule.
Balancing society’s need for law and order and for effective law enforcement against
the ________________ of individuals is known as the balancing test.
The government may detain dangerous defendants who become incompetent to stand
trial.
Discuss Prohibition, including its origin and demise and what occurred in between.
Relate this to the Harrison Act making certain drugs illegal to sell or possess.
Unintentional acts of employment discrimination based on race, color, sex, religion, or
national origin are prohibited by Title VII of the Civil Rights Act.